Charged with domestic abuse in Punta Gorda?
Florida has criminal and family laws that are aimed toward the prosecution and prevention of domestic violence and provide remedies in the criminal and civil courts. Title XLIII, Chapter 741 of the Florida Statues provides a definition for domestic violence as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member."
Family or household members include spouses, ex-spouses, blood relatives, relatives by marriage, and parents of a child in common, those who currently reside together as a family or did in the past. A person facing domestic violence charges needs legal representation. Law enforcement acts quickly in domestic violence cases out of concern for the safety of the victims. Leskovich Law Group, P.A. is experienced in all aspects of domestic violence crimes and they have helped many clients through aggressive and successful defense.
Domestic Violence Arrest
It is the job of law enforcement to arrest domestic violence offenders. The job of a prosecution is to see that an accused individual is stopped from committing further acts of domestic violence. If a family or household member is arrested for domestic violence and it is determined that the offender is guilty of intentionally inflicting bodily harm on another, the judge will order a minimum 5 days served in county jail. Whether guilty or innocent, the accused must remain in jail until the first appearance in court to set bond. At that time, the courts will consider prior arrests, the safety of the victim and the victim's children and the likelihood of danger if the defendant is released from jail when deciding on a sentence.
Consequences of Domestic Violence
Domestic violence may result in charges for assault & battery and if convicted can mean imprisonment and payment of large fines. Battery penalties can include 60 days – 1 year in prison. A defendant convicted of domestic violence as a 2nd degree felony charge can spend up to 15 years in prison. A 3rd degree felony can carry a sentence of 5 years imprisonment. The sentencing can depend on the severity of the crime and other factors such as the use of a weapon or firearm, domestic abuse against a minor, or the use of illegal drugs during the commission of the crime.
Injunctions and Restraining Orders
Any family or household member can file for an injunction with or without the help of an attorney. The domestic violence victim can be living in the dwelling or living elsewhere. If you have a restraining order against you then you may be unable to return to you house even if you are the owner. Further, if you violate any terms of the injunction, you may go to prison for a term of up to 1 year for a 1st degree misdemeanor.
Contact our Punta Gorda defense firm!
The courts are on the side of domestic violence victims but that does not mean that you are any less entitled to a just and fair defense. Just because you were arrested and face domestic violence charges, does not mean you are guilty. You should seek legal advice regarding your case and for the protection of your constitutional rights. An attorney can also help you avoid violation of the terms of a restraining order. A domestic violence conviction will seriously impact your future. Call Leskovich Law Group, P.A. today for an aggressive defense.